President Trump departs the chamber after a joint session of Congress on Tuesday. The administration faces a legal challenge regarding the dismissal of a federal watchdog agency head.
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Win McNamee/POOL Getty Images
WASHINGTON — An appeals court in Washington on Wednesday dismissed the head of a federal watchdog agency in a recent development in the legal struggle over Republican President Donald Trump’s ability to dismiss the special counsel.
The U.S. Court of Appeals for the District of Columbia ruled in favor of the Trump administration, allowing immediate removal of Hampton Dellinger from his position as head of the Office of Special Counsel while the legal dispute proceeds. Dellinger is expected to appeal to the U.S. Supreme Court.
Dellinger filed a lawsuit against Trump last month after his dismissal, despite the law stipulating that special counsels can only be removed by the president “for inefficiency, neglect of duty, or malfeasance in office.” U.S. District Judge Amy Berman Jackson, appointed by Democratic President Barack Obama, promptly reinstated Dellinger while he pursued his legal case.
Dellinger’s legal team contends that permitting the president to terminate the special counsel without just cause could jeopardize the vital function of the office, which is to safeguard whistleblowers. This ruling occurs amid Dellinger’s ongoing challenge against the removal of probationary employees affected by the Trump administration’s restructuring of the federal government.
The Trump administration has contended that the law protecting the special counsel from being dismissed is unconstitutional and unduly restricts the president from appointing his chosen agency head.
Judge Jackson determined on Saturday that Dellinger’s firing was unlawful and mandated that he remain in his position. However, the appeals court revoked Jackson’s order that prohibited his removal while the court deliberates on the legal arguments in this matter.
